TIMESLOTS:
A consistent timeslot is the only method to market a program to the community, we (MCAM) use a First Come First Serve methodology as well as the Rational Basis Test to assign, hold or pull a producer's timeslot. Free speech facilitation requires an even hand or "equal time, place, and manner"; But since 6AM is not equal to 6PM, the rational basis test is instituted. All of our rules and restrictions must meet the rational basis test (the lowest level of scrutiny). Often, such tests appear to the layman to be completely without merit and without basis in the U.S. Constitution. However, the rational basis test actually stems from a practical interpretation of the necessary and proper clause of the Constitution. The most obvious interpretation to most people is that an entity can only act in a way that is necessary, but rarely is an action absolutely necessary. If an entity could choose means A, B, or C, to further their objective, should they choose? Technically, none of the choices are necessary. Should they choose A, or with other alternatives (B and C), A may not be necessary. By the same logic, an entity could also not choose means B, or C. Therefore, this strict interpretation of the necessary and proper clause leaves the entity nearly unable to achieve some of its most basic functions. The rational basis test allows an entity to choose from any of the alternatives that legitimately further the reasonable goal. Beyond first come, first serve, choosing time slots is based on other factors: the type of program (we have different types of shows each primetime evening), the length of program (one-hour shows are NOT in primetime, half-hour shows are eligible), the frequency of shows (we have series and non-series submissions), and basic courtesy (if a producer is sick or on vacation, we allow a reasonable period of time to "hold" their slot). The necessity and propriety of the entity's goal is the accepted interpretation of the necessary and proper clause. To inquire into necessity and propriety of the specifics of the goal would be so constrictive as to stop the entity in total. What is"fair" is always subjective and indefinable and not exclusively the correct process. |